Crim Unit 8 - Criminal Procedure

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Questions and Answers

What is one advantage of a trial on indictment compared to a trial in the magistrates' court?

  • The trial is usually shorter and less formal.
  • The defense can make submissions about inadmissible evidence without the jury being present. (correct)
  • The defense receives copies of all evidence the prosecution intends to use, not just witness statements.
  • The accused is not required to provide a defense statement.

What is a key difference between the defense's duty of disclosure and the prosecution's duty of disclosure?

  • The defense must only disclose the case they will present at trial, while the prosecution must disclose unused material. (correct)
  • The prosecution's duty of disclosure only applies to cases tried on indictment.
  • The prosecution's duty of disclosure does not apply to witness statements.
  • The defense is not required to provide a defense statement in summary trials.

Which of the following is NOT a requirement for information to be included in a defense statement under the CPIA 1996?

  • A detailed description of the accused's life history and background. (correct)
  • The accused's reasons for disagreeing with any prosecution facts.
  • The accused's intended defense strategy.
  • The specific legal points the accused intends to argue.

What is the primary purpose of a defense statement?

<p>To outline the defense's arguments and evidence to the court. (D)</p> Signup and view all the answers

What is the purpose of a defence statement, as described in the provided text?

<p>To outline the accused's version of events and any key issues in dispute. (C)</p> Signup and view all the answers

Which of the following accurately describes the situation in summary trials with regard to defense statements?

<p>The defense is not required to provide a defense statement. (C)</p> Signup and view all the answers

In what circumstance is providing the defense with copies of prosecution witness statements considered standard practice, even if not legally mandated?

<p>When the case is being tried in the magistrates' court. (D)</p> Signup and view all the answers

What is the key requirement for a court to give 'sufficient reasons' for a conviction, according to the text?

<p>The court's decision to convict the accused or make a hospital order in their place. (A)</p> Signup and view all the answers

What is the time limit for serving a defence statement following the prosecutor's disclosure?

<p>Within 14 days of the prosecutor complying with the initial duty of disclosure. (B)</p> Signup and view all the answers

What is one potential advantage of having a trial in the magistrates' court?

<p>The trial process is typically shorter and less formal. (B)</p> Signup and view all the answers

What does the CPIA 1996, section 5, require the accused to do once a case is sent to the Crown Court?

<p>Provide a defense statement to the court and the prosecutor. (B)</p> Signup and view all the answers

What happens if the court does not give an indication of sentence and the accused does not indicate an intention to plead guilty?

<p>The accused is asked whether they consent to summary trial. (D)</p> Signup and view all the answers

What is the purpose of the 'plea before venue' stage in the allocation process for either-way offenses?

<p>To determine whether the accused intends to plead guilty or not guilty. (C)</p> Signup and view all the answers

What happens if the accused pleads guilty during the 'plea before venue' hearing in the absence of the accused, as permitted under section 17B?

<p>The court proceeds as if the accused had pleaded guilty in person. (B)</p> Signup and view all the answers

What is the consequence of the accused failing to serve a defence statement?

<p>The court cannot make any orders regarding disclosure of unused prosecution material. (B)</p> Signup and view all the answers

Which of the following is NOT a factor that can lead to the allocation of a case for trial by a jury?

<p>The accused's plea of guilty during the 'plea before venue' hearing. (B)</p> Signup and view all the answers

What happens if the court acquits the accused?

<p>The court may choose to provide an explanation for its decision. (C)</p> Signup and view all the answers

If the accused seeks and receives an indication of sentence but then changes their mind and does not want to reconsider the plea, what happens next?

<p>The accused is asked whether they consent to summary trial. (A)</p> Signup and view all the answers

When does the initial procedure regarding either-way offenses apply, according to the text?

<p>When a person aged 18 or older appears before a magistrates' court for an either-way offense. (B)</p> Signup and view all the answers

Under which circumstances can the 'plea before venue' hearing take place in the absence of the accused?

<p>If the accused is represented by a legal representative, and the court considers it not practicable to proceed in their presence due to the accused's disorderly conduct. (B)</p> Signup and view all the answers

What is an 'either-way offense', according to the text, and how is it different from other offenses?

<p>An offense that can be tried in either a magistrates' court or a Crown Court. (A)</p> Signup and view all the answers

What is the legal basis for the statement that the accused must generally be present at the 'plea before venue' hearing?

<p>The Magistrates' Courts Act 1980. (B)</p> Signup and view all the answers

If the accused elects trial on indictment after receiving an indication of sentence, what happens to the sentence indication?

<p>It is disregarded by the Crown Court. (A)</p> Signup and view all the answers

Which of the following is NOT a possible outcome of the 'plea before venue' hearing?

<p>The accused is found guilty. (B)</p> Signup and view all the answers

What factor does the court not consider when determining the appropriate mode of trial?

<p>The defendant's criminal history (B)</p> Signup and view all the answers

If the court decides summary trial is more appropriate, what option is presented to the accused?

<p>The accused can either choose a summary trial or a trial by indictment in the Crown Court. (C)</p> Signup and view all the answers

In what scenario can a magistrates' court commit an accused to the Crown Court after a summary trial?

<p>If a greater punishment is considered necessary than the magistrates' court can impose. (A)</p> Signup and view all the answers

What can an accused request from the magistrates if they are facing a summary trial?

<p>An indication of whether the sentence would be custodial or non-custodial. (B)</p> Signup and view all the answers

If the magistrates provide an indication of sentence, what action must they take next?

<p>They must ask the accused if they wish to change their intended plea. (A)</p> Signup and view all the answers

If the accused changes their plea to guilty after an indication of sentence, what happens next?

<p>The magistrates' court is required to immediately sentence the accused. (C)</p> Signup and view all the answers

What is the purpose of the 'plea before venue' stage?

<p>To allow the accused to choose between a magistrates' court trial and a Crown Court trial. (A)</p> Signup and view all the answers

Which of the following statements accurately reflects the magistrates' court's authority to impose a custodial sentence after an indication of sentence?

<p>A custodial sentence can only be imposed if it was indicated by the court. (D)</p> Signup and view all the answers

What is the primary factor that determines a magistrate's court's decision to commit a case to the Crown Court for sentencing?

<p>The severity of the offense, where the court determines it is too serious for summary trial. (A)</p> Signup and view all the answers

In situations where a case may be suitable for summary trial but the offense is considered serious, what action should the magistrates' court take?

<p>Seek a pre-sentence report to help determine the appropriate course of action. (C)</p> Signup and view all the answers

If two defendants are jointly charged with an offense triable in the Crown Court, and one defendant is sent to the Crown Court for trial, what happens to the other defendant?

<p>They are required to go to the Crown Court for trial as well, even if their case could be tried summarily. (D)</p> Signup and view all the answers

What is the primary role of the prosecution in the allocation of trial mode?

<p>They can provide evidence to the court to support a particular trial mode. (B)</p> Signup and view all the answers

In a situation where the court has accepted jurisdiction for one defendant in a joint charge, but another defendant is sent for Crown Court trial, what action is necessary?

<p>The court must reconsider its decision and send the first defendant to the Crown Court. (C)</p> Signup and view all the answers

Which of the following statements accurately reflects the power dynamics in the allocation of trial mode under the Magistrates' Courts Act 1980?

<p>The court can overrule both the prosecution and the defendant in deciding the trial mode. (C)</p> Signup and view all the answers

If a case is considered so serious that the court believes the Crown Court should have the power to deal with the offender, what should the magistrates' court do?

<p>Commit the case to the Crown Court for sentencing, even if a community order may be appropriate. (D)</p> Signup and view all the answers

What is the primary reason for requiring a pre-sentence report before committing a borderline case to the Crown Court for sentencing?

<p>To provide the court with information to make a more informed decision about the appropriate sentence. (C)</p> Signup and view all the answers

When are two offences considered related for the purposes of committal proceedings in the Crown Court?

<p>When both charges are based on the same facts or are part of a series of offenses of the same or similar character. (B)</p> Signup and view all the answers

In which scenario can the Crown Court exceed the sentencing powers of the magistrates' court for an either way offense?

<p>When the offender is convicted of a related offence in the Crown Court. (C)</p> Signup and view all the answers

What is meant by 'primary' committal powers?

<p>Committal powers exercised by the Magistrates' Court based on specific offenses or conditions. (A)</p> Signup and view all the answers

Which of these offenses can the Magistrates' Court commit an offender for sentence to the Crown Court in respect of under the SA 2020, s. 20(2)?

<p>Both indictable and summary offenses. (A)</p> Signup and view all the answers

What is the significance of SA 2020, s. 20(3) in relation to committal powers?

<p>It clarifies that committal powers can be used even if the conviction was by a different court, provided the committal court could have handled the matter. (C)</p> Signup and view all the answers

In essence, what is the purpose of the committal powers outlined in the SA 2020, s. 20?

<p>To ensure the most appropriate court handles the sentencing of an offender based on the seriousness of the offense and other relevant factors. (D)</p> Signup and view all the answers

Which of the following is NOT a condition for a committal for sentence under section 18(1) of the Sentencing Act 2020?

<p>The offender must be found guilty by the Crown Court of a related offense. (D)</p> Signup and view all the answers

What does the term 'indictable offense' refer to in the context of the SA 2020, s. 20?

<p>A less serious offense that can be tried in either the Magistrates' Court or the Crown Court. (D)</p> Signup and view all the answers

Flashcards

Sentence indication

A guide from the court about the likely sentence if the accused pleads guilty.

Accused's choice after indication

The accused's decision not to plead guilty means the indication is non-binding.

Summary trial consent

Accused must consent to proceed with a summary trial if no guilty plea is made.

Crown Court referral

The case is sent to the Crown Court if the accused does not consent to a summary trial.

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Presence at plea before venue

Accused must usually be present at the plea before venue hearing.

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Plea before venue absent

Accused can be absent if represented and deemed disorderly by the court.

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Determining allocation hearing

Court decides where the trial will take place during the allocation hearing.

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Legal representative's role

If absent, the legal representative indicates accused's plea intention to the court.

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Trial on indictment

A formal court trial for serious offenses where evidence admissibility can be reviewed without a jury.

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Admissibility of evidence

Whether evidence can be considered by the jury in a trial.

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Defence statement

A written document outlining the accused's defense and points of contestation with prosecution facts.

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CPIA 1996

The Criminal Procedure and Investigations Act that outlines prosecution and defence responsibilities.

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Good practice in trials

Prosecution should provide all evidence to the defence ahead of court to ensure fairness.

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Magistrates' court advantages

Trials here are typically shorter, less formal, and cheaper than Crown Court trials.

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Obligation to provide a defence statement

In Crown Court trials, the defence must disclose its case strategy to the prosecution.

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Summarily tried cases

Trials for lesser offenses where defence statements are not obligatory.

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Defence Statement Requirement

The accused must serve a defence statement within 14 days of prosecutor's disclosure compliance.

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Specific Disclosure Application

Without a defence statement, the accused can't apply for specific disclosure.

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Criminal Procedure and Investigations Act 1996

Act outlining the duty of disclosure by the prosecution and defence duties.

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Court Reasoning Requirement

A court must provide 'sufficient reasons' if convicting the accused.

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Plea Before Venue

The initial stage to determine the plea of the accused before trial allocation.

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Either Way Offence

An offence that can be tried in either a magistrates' court or Crown Court.

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Allocation Determination

Process to decide how a case will be tried based on the accused's plea.

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MCA 1980 Sections 17A-21

Sections outlining the allocation method for either way offences.

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Mode of Trial

The method by which a court decides to conduct a trial, either summarily or on indictment.

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Summary Trial

A trial conducted in a magistrates' court for less serious offenses, leading to quicker proceedings.

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Magistrates' Court Power

The authority of the magistrates' court to impose adequate sentences based on the offense committed.

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Sentencing Council Guidelines

Allocations of sentencing methods provided by the Sentencing Council under CAJA 2009.

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Consent to Summary Trial

The accused's agreement to be tried in a magistrate's court rather than the Crown Court.

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Indication of Sentence

A preliminary indication from the court telling the accused if a custodial or non-custodial sentence may be expected.

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Guilty Plea

When an accused admits to the offense, leading the court to proceed with sentencing.

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Magistrates' Court Committal

The authority of magistrates' court to send a case to Crown Court for serious offences after a summary trial.

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Pre-sentence Report

A report obtained to help magistrates decide if a case should be sent to a higher court.

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Crown Court Sentence

The power for the Crown Court to impose sentences for serious offences referred by magistrates' courts.

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Co-accused Trial

When multiple accused are charged together, they may all need to go to Crown Court if one does.

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Jurisdiction Acceptance

When a court chooses to process a case for one accused while potentially sending others to higher court.

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Mode of Trial Provisions

Regulations allowing for summary trial or Crown Court trial depending on case nature.

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Prosecution Veto

Prosecution cannot refuse a summary trial; it can only be vetoed by court or accused.

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Serious Offending Guidelines

Criteria set by magistrates for committing cases to Crown Court based on the severity of the offence.

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Related offences

Charges that could be joined in one indictment if tried together.

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Crown Court sentencing powers

Crown Court can exceed magistrates' sentencing if certain conditions are met.

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Condition for exceeding power

Magistrates must find their sentencing inadequate or the offender must have related convictions.

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Primary committal powers

Powers used to commit for sentence under specified provisions of the SA 2020.

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Committal for breach

Magistrates can commit for sentence for breach of conditional discharge.

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Suspended sentence offence

Offender may be committed for a new offence during their suspended sentence period.

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Conviction by different court

Power to commit exists even if conviction is from a different court.

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Committal jurisdiction

Magistrates can deal with any other offence they have jurisdiction over when committing.

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Study Notes

Overview of Criminal Procedure

  • Offences are classified as indictable, either-way, or summary
  • Explanatory material defines these classes and how to determine the class of an offence
  • Refer to Blackstone's Criminal Practice 2024, paragraphs D6.1-6.4 for details

Interpretation Act 1978

  • Indictable offence: An offence, if committed by an adult, is triable on indictment, exclusively or either way
  • Summary offence: An offence, if committed by an adult, is triable only summarily
  • Either-way offence: An offence, if committed by an adult, is triable either on indictment or summarily

Procedure in the Magistrates' Courts

  • Initial details of the prosecution case: Must be provided as soon as practicable (no later than the first hearing)
  • The accused has the option of requesting initial details
  • Initial details comprise:
    • Summary of the offense circumstances
    • Criminal record (if applicable).
  • Procedure for determining allocation (mode of trial):
    • The first stage is establishing the intended plea.
    • If not guilty, the next stage involves determining whether the case will be heard in a magistrates' court or Crown Court. Considerations include possible sentences, severity of the offense, and other relevant factors.

Pre-trial Hearings

  • Pre-trial hearings are conducted before the main trial.
  • Rules include the admissibility of evidence, and other legal aspects of the case.
  • Decisions regarding the allocation (mode of trial) occur before the trial: Procedures for determining allocation (e.g., consideration of summary trial versus Crown Court trial) are addressed before the trial commences
  • Pre-trial rulings are binding until the case is resolved. This means the ruling/decisions remain in effect until the completion of the case, unless there's a valid reason for a review or alteration.

Summary Trial Procedures

  • Material on pre-trial rulings: Pre-trial hearings/rulings cover numerous aspects, including evidence admissibility and legal points.
  • Material on determination of allocation (mode of trial): Procedures for determining whether a case should be heard summarily or by the Crown Court.
  • Procedure for sending indictable offenses to Crown Court and for dealing with linked summary offences: Details on procedures related to these kinds of cases.
  • Committal for Sentence: Procedure of sending indictable offenses to Crown Court

Committals for Sentence

  • Powers to commit for sentence are limited to different specific circumstances.
  • Challenge of committal decision depends on the outcome. The Crown Court can review the initial ruling.

Defense Statements

  • A formal statement outlining the defendant's position in the case.
  • Includes a summary of circumstances, relevant facts, and legal arguments.
  • Duty of disclosure regarding the defense's case is different from the prosecution's disclosure duty.

Sending Inditable Offences to Crown Court

  • Procedures for sending indictable offenses to Crown Court are described.
  • Provisions of the Crime and Disorder Act 1998 (CDA 1998) and related procedures are examined.

Summary Offences

  • Detailed procedures for dealing with summary offenses.

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